{
  "url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1996/article-57",
  "json_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1996/article-57.json",
  "legislation": "uksi/1996/32",
  "legislation_title": "The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996",
  "legislation_url": "https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1996",
  "path": "article/57",
  "kind": "article",
  "number": "57",
  "heading": "Savings and transitional provisions",
  "text": "(1) In this rule—\n“existing visiting committee” means a visiting committee constituted under rule 133 of the principal Rules on 1st January 1995; and\n“new visiting committee” means a visiting committee constituted on 1st April 1996 by virtue of rule 133 of the principal Rules as amended by rule 48 of these Rules.\n(2) Notwithstanding the amendments made by rules 48 and 55 above, the provisions of rule 133(1) to (4) of, and Schedule 4 to, the principal Rules as in force immediately before 5th February 1996 shall continue to have effect until 1st April 1996 in relation to any existing visiting committee; and, accordingly, until 1st April 1996—\n(a) the existing visiting committees shall continue to exist;\n(b) each of the members of the existing visiting committees shall (unless he otherwise ceases to hold office) remain in office;\n(c) the chairman and deputy chairman of, and the clerk to, each of the existing visiting committees shall (unless he otherwise ceases to hold his appointment) continue to hold his appointment; and\n(d) so far as relating to an existing visiting committee and to a member thereof, references in Part 16 of the principal Rules to a visiting committee or a member of a visiting committee shall be construed as references to an existing visiting committee or a member thereof.\n(3) Where before 1st April 1996—\n(a) an existing visiting committee has undertaken any inquiry in terms of rule 135(1) of the principal Rules and has not concluded that inquiry and made a report in relation to it by 1st April 1996;\n(b) an existing visiting committee has received a complaint by a prisoner in terms of rule 136(1) of the principal Rules and has not concluded its hearing and investigation of the complaint by 1st April 1996; or\n(c) a member of an existing visiting committee has received a complaint by a prisoner in terms of rule 136(1) of the principal Rules and has not concluded his hearing and investigation of the complaint by 1st April 1996,\nthe new visiting committee for the prison in question shall continue to deal with the inquiry, hearing or investigation, as the case may be, as if that committee had been asked to make the inquiry and report or had received the complaint from the prisoner.\n(4) The minute book and any other documents held by or on behalf of an existing visiting committee for a prison shall transfer to the new visiting committee for the prison and the chairman of the existing visiting committee shall, before 1st April 1996, make such arrangements as are necessary to ensure that the minute book and any such documents are delivered to the new visiting committee on that date.\n(5) Notwithstanding rule 139 of the principal Rules, the new visiting committee for a prison shall, so far as reasonably practicable, make, or conclude the making of, the annual report of the existing visiting committee for the relevant prison in respect of the period of 12 months ending on 31st March 1996 and shall deliver that report to the Secretary of State as soon as reasonably practicable.\n(6) The amendments made by rules 40 and 42 of these Rules shall only apply in relation to prisoners who are assigned security Category D, or who are reassigned that category, on or after 5th February 1996 and accordingly the provisions of rules 120 and 121 of the principal Rules as in force immediately before 5th February 1996 shall continue to apply, as if these Rules had not been made, to any prisoner who before 5th February 1996 is assigned security Category D but only for so long as he continues to be assigned that category.\n(7) Where immediately before 5th February 1996—\n(a) any request or complaint has been referred to the Secretary of State in terms of rule 109(2) of the principal Rules;\n(b) any appeal has been made in accordance with rule 111 of the principal Rules; or\n(c) any request has been made under rule 112 of the principal Rules,\nthen, notwithstanding rules 34, 36 and 37 of these Rules, any such request, complaint or appeal shall continue to be dealt with and determined in all respects as if these Rules had not been made.\n(8) Schedule 3 to the principal Rules as substituted by rule 54 of, and Schedule 1 to, these Rules shall not apply in relation to a breach of discipline committed by a prisoner before 5th February 1996 where the relevant act or omission would not have constituted a breach of discipline in terms of Schedule 3 as in force immediately before 5th February 1996.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/32/article/57",
    "retrieved_at": "2026-10-29T12:54:44.006906+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}